11 Aug Will Incoming NY Gov. Hochul Fast Track Cannabis Implementation?

As we first contemplated here back in March, in a surprise announcement on August 10, New York Gov. Andrew Cuomo resigned amid his sexual harassment scandal. The resignation is effective around August 25.  At that time Lt. Gov. Kathy Hochul takes over as the state’s first female Governor. As we noted previously, Hochul, raised in upstate New York, is considered a moderate Democrat who has focused on issues like women’s health and safety. Some have said that her views have become more progressive in recent years.

Where does she stand on cannabis? In January, she gave an interview with Cheddar regarding the legislative effort to approve cannabis adult use. She called legalization “long overdue” following “failed cannabis prohibition.” She noted the “disproportionate impact [of prohibition] on communities of color,” concluding prior to the legislature’s actions to approve adult use legalization in March, “Let’s get it done.” Since Cuomo’s resignation, she has not spoken on the issue, but has tried to distance herself from Cuomo, saying she is “prepared to lead.”

Assuming she is indeed very favorable towards legalization, one hopes that as Governor she will be focused on prioritizing the work needed to implement The Marijuana Regulation and Taxation Act which passed in March. This includes the requirement for the Governor to nominate three of the five members of the new Cannabis Control Board (CCB) overseeing regulation, and the Executive Director of the Office of Cannabis Management which will develop and implement regulations under the CCB’s oversight. From March until today, current Gov. Cuomo has not nominated anyone to those positions, and pressure was building on him to do so.

Of course new Gov. Hochul will need some time to get settled into the Governor’s Mansion, assemble her key team and develop her priorities, knowing she has only a little over a year before the next Gubernatorial election in November 2022, in which he apparently intends to run (folks like NYC Mayor Bill de Blasio also are considering running). Given the political silly season, this probably means she has until maybe March or April 2022 to move things forward in any meaningful way before campaigning takes over.

One assumes that NYS legislators who championed adult use legislation will begin early to pressure her on these critical appointments. The New York Times developed a list of expected top priorities for Hochul which does not include cannabis implementation. But CNBC reported that in May and June a lobbyist for a cannabis multistate operator did speak with Hochul along with state legislators. Your humble blogger’s prediction? It will probably take a few months before she gets around to making these agency appointments. Of course I hope I’m wrong!

BTW: One interesting question- who will be the new Lt. Governor when she vacates that position? It had been historically unclear but thanks to a ruling by New York’s highest court after the resignation of Gov. Eliot Spitzer in 2008, it appears she is able to select her successor. If she does not, then Senate Majority Leader Andrea Stewart-Cousins will be interim Lt. Gov. until Hochul appoints someone.